Do I Qualify for NC Worker’s Compensation Benefits?
You would think being injured on the job through no fault of your own automatically qualifies you for workers’ compensation benefits in North Carolina. The answer seems to be pretty simple that an injured worker should be entitled to receive benefits under North Carolina Workers’ Compensation laws. Well…in North Carolina, the answer is not as simple as you would think. An injured worker must be an employee of the company where he or she sustained their on-the-job injury. This simple definition of who is and who is not an employee has been and will continue to be the subject of many denied worker’s compensation claims.
Who can bring a claim for workers’ compensation benefits under the North Carolina Workers’ Compensation Act?
North Carolina’s Workers’ Compensation Act provides coverage for workers who are classified as employees in engaged in employment. There must be an agreement between the employer and employee expressing that an employment relationship does in fact exist between the two parties. The employer must exercise control and direction over the employee’s work and retain that control. The employer-employee relationship can arise in many ways. The relationship can exist through expressed or implied contract, appointment, or apprenticeship for example. Independent Contractors are not covered under the North Carolina Workers’ Compensation Act. There are legal criteria for determining whether an injured worker is an employee or independent contractor.
The Employment Relationship
North Carolina Workers’ Compensation laws apply to employers who have three or more employees engaged in employment for their company. The location of the on-the- job accident is key in determining whether the North Carolina Workers’ Compensation Act has jurisdiction over the injured worker’s claim. In order for the North Carolina Workers’ Compensation Act to apply to a qualified injured worker, the on-the-injury must have occurred in North Carolina. There are quite a few conditions that must be met for an employee who is injured outside of the state while still employed to receive workers’ compensation benefits.
There are so many jurisdictional issues that can and often do arise regarding qualified workers’ compensation claims in North Carolina. it is important to speak with an experienced workers’ compensation attorney about jurisdictional issues that may come in your workers’ compensation claim for benefits. It’s stressful enough dealing with an on-the-job injury. Allow an experienced workers’ compensation attorney to deal with the stressful legal issues with your claim for workers’ compensation benefits. Please give us a call today at The Bishop Law Firm, 919-615-3095. We are here to help you!